Standard 3: Out-of-court disposals
We will use out-of-court disposals as alternatives to prosecution, where appropriate, to gain speedy reparation for victims and to rehabilitate or punish offenders
3.1 Once a decision is taken that there is enough evidence to justify a prosecution, we should consider whether there is a suitable out-of-court disposal as an alternative to prosecution that is appropriate to the seriousness and consequences of the offending, and meets the aims of rehabilitation, reparation or punishment.
3.2 Whilst the police and other investigators administer certain out-of-court disposals themselves, they need the authority of a prosecutor before offering an offender a simple caution [See Note below] for an offence that is so serious that, if charged, it could only be dealt with in the Crown Court. We authorise cautions for these offences only in exceptional circumstances. We may also direct the police to offer a simple caution in other cases if the offender has clearly admitted his or her guilt or suggest, for example, the issue of a Penalty Notice for Disorder. The issue of a Penalty Notice for Disorder is, however, a decision for the police.
[Note: Youth offenders cannot be given a simple caution. They may, however, be given a Reprimand or Final Warning For convenience, we use the word caution in these standards to refer to these sanctions as well. Youth offenders may be given a conditional caution.]
3.3 The police and other investigators also need the authority of a prosecutor before offering a conditional caution. In a conditional caution we set out the conditions with which an offender must comply.
3.4 In deciding whether to offer a simple caution or a conditional caution, we take into account the public interest factors set out in the Code for Crown Prosecutors, in particular the views of any victim, and the guidance given in the Director's Guidance on Conditional Cautioning and relevant Home Office Circulars.
3.5 When deciding whether to offer a conditional caution, we also take into account:
a) whether there is the opportunity for the offender to put right what they have done instead of being taken to court. For example, they may pay for damage to be repaired, or compensate their victim;
b) whether a requirement to attend a programme to help them to deal with the underlying cause of their offending (such as alcohol or drug misuse) would be likely to stop them committing offences;
c) whether it is in the interests of the suspect, the victim or the community; and
d) whether the offender should be required to pay a financial penalty or undertake unpaid work.
3.6 A conditional caution cannot be authorised for an offence of violence unless the case is minor and could, if charged, only be dealt with in a magistrates' court.
3.7 If the suspect fails to accept a simple caution or does not admit guilt when offered a conditional caution and agree to its conditions, he or she must be prosecuted for the original offence.
3.8 If the offender does not comply with the terms of any out-of-court disposal, we will reconsider the public interest and decide whether to charge him or her. Usually a prosecution should be brought for the original offence.
3.9 We can bring simple cautions and conditional cautions to the attention of the Court if the offender is later convicted of any further offence.
